80 FR 76222 - Revisions to the California State Implementation Plan, Antelope Valley Air Quality Management District, Feather River Air Quality Management District and Santa Barbara County Air Pollution Control District
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 235 (December 8, 2015)
Federal Register Volume 80, Issue 235 (December 8, 2015)
| Page Range | 76222-76225 | |
| FR Document | 2015-30809 |
[Federal Register Volume 80, Number 235 (Tuesday, December 8, 2015)] [Rules and Regulations] [Pages 76222-76225] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-30809] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2015-0619; FRL-9936-67-Region 9] Revisions to the California State Implementation Plan, Antelope Valley Air Quality Management District, Feather River Air Quality Management District and Santa Barbara County Air Pollution Control District AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Antelope Valley Air Quality Management District (AVAQMD), Feather River Air Quality Management District (FRAQMD), and Santa Barbara County Air Pollution Control District (SBCAPCD) portions of the California State Implementation Plan (SIP). These revisions concern emissions of volatile organic compounds (VOCs) from architectural coatings. We are approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act). DATES: This rule is effective on February 8, 2016 without further notice, unless the EPA receives adverse comments by January 7, 2016. If we receive such comments, we will publish a timely withdrawal in the Federal Register to notify the public that this direct final rule will not take effect. ADDRESSES: Submit comments, identified by docket number [EPA-R09-OAR- 2015-0619, by one of the following methods: 1. Federal eRulemaking Portal: www.regulations.gov. Follow the on- line instructions. 2. Email: steckel.andrew@epa.gov. 3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901. Instructions: Once submitted, comments cannot be edited or withdrawn. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. If you need to include CBI as part of your comment, please visit http://www.epa.gov/dockets/comments.html for further instructions. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. For the full EPA public comment policy and general guidance on making effective comments, please visit http://www.epa.gov/dockets/comments.html. Docket: Generally, documents in the docket for this action are available electronically at www.regulations.gov or in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105-3901. While all documents in the docket are listed at www.regulations.gov, some information may be publicly available only at the hard copy location (e.g., copyrighted material, large maps), and some may not be publicly available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Arnold Lazarus, EPA Region IX, (415) 972 3024, lazarus.arnold@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' and ``our'' refer to the EPA. Table of Contents I. The State's Submittal A. What rules did the State submit? B. Are there other versions of these rules? C. What is the purpose of the submitted rules and rule revisions? II. The EPA's Evaluation and Action A. How is the EPA evaluating the rules? B. Do the rules meet the evaluation criteria? C. EPA Recommendations to Further Improve the Rules D. Public Comment and Final Action III. Incorporation by Reference IV. Statutory and Executive Order Reviews I. The State's Submittal A. What rules did the State submit? Table 1 lists the rules we are approving with the dates that they were adopted by the local air agencies and submitted by the California Air Resources Board (CARB). Table 1--Submitted Rules ---------------------------------------------------------------------------------------------------------------- Adopted/ Local agency Rule No. Rule title amended Submitted ---------------------------------------------------------------------------------------------------------------- AVAQMD................................ 1113 Architectural Coatings.. 3/18/2003 5/13/2014 FRAQMD................................ 3.15 Architectural Coatings.. 8/4/2014 11/6/2014 SBCAPCD............................... 323.1 Architectural Coatings.. 6/19/2014 11/6/2014 ---------------------------------------------------------------------------------------------------------------- On May 13, 2014 the EPA determined that the submittal for AVAQMD Rule 1113 met the completeness criteria in 40 CFR part 51 Appendix V, which must be met before formal EPA review. On December 18, 2014, the submittal for FRAQMD Rule 3.15 and SBCAPCD Rule 323.1 was deemed by operation of law to meet the completeness criteria in 40 CFR part 51 Appendix V. B. Are there other versions of these rules? There is a previous version of AVAQMD 1113 adopted by the district on March 18, 2003. The EPA finalized a simultaneous limited approval and limited disapproval of this version on August 26, 2004 (69 FR 52432). We approved Sutter County Air Pollution Control District (SCAPCD) Rule 3.15, ``Architectural Coatings,'' and Yuba County Air Pollution Control District (YCAPCD) Rule 3.15, ``Architectural Coatings,'' into the California SIP on May 3, 1982. SCAPCD and YCAPCD joined together to form the FRAQMD on September 3, 1991; however, SCAPCD Rule 3.15 and YCAPCD Rule 3.15 have remained in the SIP. The EPA is approving removal [[Page 76223]] of these rules because the SCAPCD and the YCAPCD no longer exist and the requirements are superseded by FRAQMD Rule 3.15. Table 2 lists the two superseded rules. Table 2--Rules To Be Superseded ---------------------------------------------------------------------------------------------------------------- Local agency Rule No. Rule title Submitted ---------------------------------------------------------------------------------------------------------------- SCAPCD..................................... 3.15 Architectural Coatings............. 1/28/1981 YCAPCD..................................... 3.15 Architectural Coatings............. 3/30/1981 ---------------------------------------------------------------------------------------------------------------- There are no previous versions of SBCAPCD Rule 323.1 in the SIP. C. What is the purpose of the submitted rules and rule revisions? VOCs help produce ground-level ozone and smog, which harm human health and the environment. Section 110(a) of the CAA requires States to submit regulations that control VOC emissions. Architectural coatings are coatings that are applied to stationary structures and their accessories. They include house paints, stains, industrial maintenance coatings, traffic coatings, and many other products. VOCs are emitted from the coatings during application and curing, and from the associated solvents used for thinning and clean-up. AVAQMD Rule 1113 controls VOC emissions from architectural coatings by establishing VOC limits on any architectural coating supplied, sold, offered for sale or manufactured for use within the AVAQMD. The major revision to Rule 1113 is elimination of the averaging provision which was the primary basis for the EPA's 2004 limited disapproval of a prior version of this rule. Rule 3.15 and SBCAPCD Rule 323.1 similarly control VOC emissions by establishing VOC limits on architectural coatings supplied, sold, offered for sale or manufactured for use within the FRAQMD and SBCAPCD. The EPA's technical support documents (TSDs) have more information about these rules. II. The EPA's Evaluation and Action A. How is the EPA evaluating the rules? SIP rules must be enforceable (see CAA section 110(a)(2)), must not interfere with applicable requirements concerning attainment and reasonable further progress or other CAA requirements (see CAA section 110(l)), and must not modify certain SIP control requirements in nonattainment areas without ensuring equivalent or greater emissions reductions (see CAA section 193). Generally, SIP rules must require Reasonably Available Control Technology (RACT) for each category of sources covered by a Control Techniques Guidelines (CTG) document as well as each major source of VOCs in ozone nonattainment areas classified as moderate or above (see CAA sections 182(b)(2)). The EPA has designated a portion of the FRAQMD (specifically, southern Sutter County) as a severe nonattainment area for the 1-hour ozone national ambient air quality standards (NAAQS or standards) and the 1997 and 2008 8-hour ozone standards. Similarly, the EPA has designated the AVAQMD as severe nonattainment for the 2008 8- hour ozone NAAQS, and the SBCAPCD as unclassifiable/attainment for the 2008 8-Hour Ozone NAAQS. See 40 CFR 81.305. Because there are no relevant EPA CTG documents and because there are no major architectural coating sources, architectural coatings are considered area sources of VOC and are not subject to RACT requirements. However, architectural coatings are subject to other VOC content limits and control measures described in the TSDs. Guidance and policy documents that we used to evaluate the enforceability, revision/relaxation and stringency requirements of this rule include the following: 1. ``State Implementation Plans; General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990,'' (57 FR 13498, April 16, 1992 and 57 FR 18070, April 28, 1992). 2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations'' (``the Bluebook,'' U.S. EPA, May 25, 1988; revised January 11, 1990). 3. ``Guidance Document for Correcting Common VOC & Other Rule Deficiencies'' (``the Little Bluebook,'' EPA Region 9, August 21, 2001). 4. National Volatile Organic Compound Emission Standards for Architectural Coatings, 40 CFR 59.400, Subpart D, Table 1, VOC Content Limits for Architectural Coatings. 5. California Air Resources Board (CARB) ``Suggested Control Measure for Architectural Coatings,'' Approved 2007, February 1, 2008. 6. AVAQMD Rule 1113,''Architectural Coatings,'' EPA Limited Approval and Disapproval on August 26, 2004 (69 FR 52432). 7. South Coast Air Quality Management District Rule 1113, ''Architectural Coatings,'' amended June 3, 2011, and approved into the SIP on March 26, 2013 (78 FR 18244). 8. SCAPCD Rule 3.15, Architectural Coatings, submitted January 28, 1981, and approved by the EPA May 3, 1982 (47 FR 18856). 9. YCAPCD Rule 3.15, Architectural Coatings, submitted March 30, 1981, and approved by the EPA November 10, 1982 (47 FR 50865). 10. FRAQMD Rule 3.15, Architectural Coatings, adopted June 19, 2014, and submitted November 6, 2014. 11. SBCAPCD Rule 323.1 Architectural Coatings, adopted June 19, 2014, and submitted November 6, 2014. 12. Final Rule To Implement the 8-Hour Ozone NAAQS--Phase 2, 70 FR 71612 (Nov. 25, 2005). B. Do the rules meet the evaluation criteria? We believe these rules are consistent with the relevant policy and guidance regarding enforceability, SIP relaxations and stringency. The TSDs have more information on our evaluation. C. EPA Recommendations to Further Improve the Rules The TSDs describe additional rule revisions that we recommend for the next time the local agencies modify the rules, but are not currently the basis for rule disapproval. D. Public Comment and Final Action As authorized in section 110(k)(3) of the Act, the EPA is fully approving the submitted rules because we believe they fulfill all relevant requirements. We do not think anyone will object to this approval, so we are finalizing it without proposing it in advance. However, in the Proposed Rules section of this Federal Register, we are simultaneously proposing approval of the same submitted rules. If we receive adverse comments by January 7, 2016, we will publish a timely withdrawal in the Federal Register to notify the public that the direct final approval will not take effect and we will address the comments in a subsequent final action based on the proposal. If we do not receive timely adverse comments, the direct final approval will be effective without further notice on February 8, 2016. This will incorporate these rules into the federally enforceable SIP. [[Page 76224]] Please note that if the EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, the EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. III. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the AVAQMD, FRAQMD, SBCAPCD, SCAPCD and YCAPCD rules described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents available electronically through www.regulations.gov and in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). IV. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by February 8, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the Proposed Rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that the EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action may not be challenged later in proceedings to enforce its requirements (see section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: October 19, 2015. Jared Blumenfeld, Regional Administrator, Region IX. Part 52, Chapter I, Title 40 of the Code of Federal Regulations is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for Part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart F--California 0 2. Section 52.220 is amended by adding paragraphs (c)(89)(iii)(E), (c)(98)(i)(G), (c)(441)(i)(E)(3), (c)(457)(i)(A)(5), and (c)(457)(i)(G) to read as follows: Sec. 52.220 Identification of plan. * * * * * (c) * * * (89) * * * (iii) * * * (E) Previously approved on May 3, 1982, in paragraph (c)(89)(iii)(A) of this section and now deleted with replacement in paragraph (c)(457)(i)(A)(5) by Feather River Air Quality Management District Rule 3.15, ``Architectural Coatings.'' * * * * * (98) * * * (i) * * * (G) Previously approved on May 3, 1982, in paragraph (c)(98)(i)(A) of this section and now deleted with replacement in paragraph (c)(457)(i)(A)(5) by Feather River Air Quality Management District Rule 3.15, ``Architectural Coatings.'' * * * * * (441) * * * (i) * * * (E) * * * [[Page 76225]] (3) Rule 1113, ``Architectural Coatings,'' amended on March 18, 2003. * * * * * (457) * * * (i) * * * (A) * * * (5) Rule 3.15, ``Architectural Coatings,'' amended on August 4, 2014. * * * * * (G) Santa Barbara County Air Pollution Control District. (1) Rule 323.1, ``Architectural Coatings,'' adopted on June 19, 2014. * * * * * [FR Doc. 2015-30809 Filed 12-7-15; 8:45 am] BILLING CODE 6560-50-P
![76222 Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Rules and Regulations
(C) South Coast Air Quality organic compounds (VOCs) from Docket: Generally, documents in the
Management District. architectural coatings. We are approving docket for this action are available
(1) Rule 1151, ‘‘Motor Vehicle and local rules that regulate these emission electronically at www.regulations.gov or
Mobile Equipment Non-Assembly Line sources under the Clean Air Act (CAA in hard copy at EPA Region IX, 75
Coating Operations,’’ amended on or the Act). Hawthorne Street, San Francisco,
September 5, 2014. DATES: This rule is effective on February California 94105–3901. While all
* * * * * 8, 2016 without further notice, unless documents in the docket are listed at
(463) * * * the EPA receives adverse comments by www.regulations.gov, some information
(i) * * * January 7, 2016. If we receive such may be publicly available only at the
(B) Yolo-Solano Air Quality comments, we will publish a timely hard copy location (e.g., copyrighted
Management District. withdrawal in the Federal Register to material, large maps), and some may not
(1) Rule 2.26, ‘‘Motor Vehicle and notify the public that this direct final be publicly available in either location
Mobile Equipment Coating Operations,’’ rule will not take effect. (e.g., CBI). To inspect the hard copy
revised on December 10, 2008. materials, please schedule an
ADDRESSES: Submit comments,
* * * * * identified by docket number [EPA–R09– appointment during normal business
[FR Doc. 2015–30828 Filed 12–7–15; 8:45 am]
OAR–2015–0619, by one of the hours with the contact listed in the FOR
BILLING CODE 6560–50–P following methods: FURTHER INFORMATION CONTACT section.
1. Federal eRulemaking Portal: FOR FURTHER INFORMATION CONTACT:
www.regulations.gov. Follow the on-line Arnold Lazarus, EPA Region IX, (415)
ENVIRONMENTAL PROTECTION instructions.
AGENCY 972 3024, lazarus.arnold@epa.gov.
2. Email: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel SUPPLEMENTARY INFORMATION:
40 CFR Part 52 Throughout this document, ‘‘we,’’ ‘‘us,’’
(Air-4), U.S. Environmental Protection
[EPA–R09–OAR–2015–0619; FRL–9936–67– Agency Region IX, 75 Hawthorne Street, and ‘‘our’’ refer to the EPA.
Region 9] San Francisco, CA 94105–3901. Table of Contents
Instructions: Once submitted,
Revisions to the California State comments cannot be edited or I. The State’s Submittal
Implementation Plan, Antelope Valley A. What rules did the State submit?
withdrawn. The EPA may publish any
Air Quality Management District, B. Are there other versions of these rules?
comment received to its public docket. C. What is the purpose of the submitted
Feather River Air Quality Management Do not submit electronically any rules and rule revisions?
District and Santa Barbara County Air information you consider to be II. The EPA’s Evaluation and Action
Pollution Control District Confidential Business Information (CBI) A. How is the EPA evaluating the rules?
AGENCY: Environmental Protection or other information whose disclosure is B. Do the rules meet the evaluation
Agency (EPA). restricted by statute. If you need to criteria?
include CBI as part of your comment, C. EPA Recommendations to Further
ACTION: Direct final rule. Improve the Rules
please visit http://www.epa.gov/
D. Public Comment and Final Action
SUMMARY: The Environmental Protection dockets/comments.html for further
III. Incorporation by Reference
Agency (EPA) is taking direct final instructions. Multimedia submissions IV. Statutory and Executive Order Reviews
action to approve revisions to the (audio, video, etc.) must be
Antelope Valley Air Quality accompanied by a written comment. I. The State’s Submittal
Management District (AVAQMD), The written comment is considered the A. What rules did the State submit?
Feather River Air Quality Management official comment and should include
District (FRAQMD), and Santa Barbara discussion of all points you wish to Table 1 lists the rules we are
County Air Pollution Control District make. For the full EPA public comment approving with the dates that they were
(SBCAPCD) portions of the California policy and general guidance on making adopted by the local air agencies and
State Implementation Plan (SIP). These effective comments, please visit http:// submitted by the California Air
revisions concern emissions of volatile www.epa.gov/dockets/comments.html. Resources Board (CARB).
TABLE 1—SUBMITTED RULES
Adopted/
Local agency Rule No. Rule title Submitted
amended
AVAQMD ......................................................... 1113 Architectural Coatings .................................... 3/18/2003 5/13/2014
FRAQMD ......................................................... 3.15 Architectural Coatings .................................... 8/4/2014 11/6/2014
SBCAPCD ....................................................... 323.1 Architectural Coatings .................................... 6/19/2014 11/6/2014
On May 13, 2014 the EPA determined B. Are there other versions of these Rule 3.15, ‘‘Architectural Coatings,’’ and
that the submittal for AVAQMD Rule rules? Yuba County Air Pollution Control
1113 met the completeness criteria in 40 District (YCAPCD) Rule 3.15,
There is a previous version of
CFR part 51 Appendix V, which must be ‘‘Architectural Coatings,’’ into the
AVAQMD 1113 adopted by the district
met before formal EPA review. California SIP on May 3, 1982. SCAPCD
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on March 18, 2003. The EPA finalized
On December 18, 2014, the submittal a simultaneous limited approval and and YCAPCD joined together to form the
for FRAQMD Rule 3.15 and SBCAPCD limited disapproval of this version on FRAQMD on September 3, 1991;
Rule 323.1 was deemed by operation of August 26, 2004 (69 FR 52432). however, SCAPCD Rule 3.15 and
law to meet the completeness criteria in YCAPCD Rule 3.15 have remained in
We approved Sutter County Air
40 CFR part 51 Appendix V. the SIP. The EPA is approving removal
Pollution Control District (SCAPCD)
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![Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Rules and Regulations 76225
(3) Rule 1113, ‘‘Architectural restricted by statute. Certain other five days of the July 1 submittal date)
Coatings,’’ amended on March 18, 2003. material, such as copyrighted material, the time period within which MassDEP
* * * * * is not placed on the Internet and will be must hold a public meeting to take
(457) * * * publicly available only in hard copy public comment on MassDOT’s annual
(i) * * * form. Publicly available docket update and status report for each project
(A) * * * materials are available either through required by 310 CMR 7.36(2)(f) through
(5) Rule 3.15, ‘‘Architectural http://www.regulations.gov or at the (j) and any project implemented
Coatings,’’ amended on August 4, 2014. U.S. Environmental Protection Agency, pursuant to 310 CMR 7.36(4) and (5);
* * * * * EPA New England Regional Office, and (3) replaces references to the
(G) Santa Barbara County Air Office of Ecosystem Protection, Air Commonwealth’s Executive Office of
Quality Planning Unit, 5 Post Office Transportation and EOT with
Pollution Control District.
Square–Suite 100, Boston, MA. EPA Massachusetts Department of
(1) Rule 323.1, ‘‘Architectural
requests that if at all possible, you Transportation and MassDOT,
Coatings,’’ adopted on June 19, 2014.
contact the contact listed in the FOR respectively. The formal SIP revision
* * * * * was submitted to EPA by Massachusetts
FURTHER INFORMATION CONTACT section to
[FR Doc. 2015–30809 Filed 12–7–15; 8:45 am]
schedule your inspection. The Regional on November 6, 2013.
BILLING CODE 6560–50–P
Office’s official hours of business are EPA’s role in reviewing SIP revisions
Monday through Friday, 8:30 a.m. to is to approve state choices, provided
4:30 p.m., excluding legal holidays. they meet the criteria of the Clean Air
ENVIRONMENTAL PROTECTION Act. An adequate SIP revision is one
AGENCY Copies of the documents relevant to
this action are also available for public that, among other things, meets the
inspection during normal business Clean Air Act requirement under CAA
40 CFR Part 52
hours, by appointment at the Air and section 110(l) that a SIP revision must
[EPA–R01–OAR–2013–0786; A–1–FRL– Climate Division, Department of not interfere with any applicable
9936–08–Region 1] requirement concerning attainment and
Environmental Protection, One Winter
Street, 8th Floor, Boston, MA 02108. reasonable further progress (as defined
Approval and Promulgation of Air in CAA section 171) in relation to the
Quality Implementation Plans; FOR FURTHER INFORMATION CONTACT:
national air quality standards (NAAQS)
Massachusetts; Transit System Donald O. Cooke, Air Quality Planning or any other applicable requirement of
Improvements Unit, U.S. Environmental Protection the Act. The Commonwealth has
Agency, EPA New England Regional flexibility to revise SIP-approved
AGENCY: Environmental Protection Office, Office of Ecosystem Protection, 5
Agency (EPA). transportation control measures (TCMs),
Post Office Square–Suite 100, (Mail provided the revisions are consistent
ACTION: Final rule. code OEP05–2), Boston, MA 02109– with attaining and maintaining
3912, telephone number (617) 918– compliance with the NAAQS. EPA has
SUMMARY: The Environmental Protection 1668, fax number (617) 918–0668, email
Agency (EPA) is approving a State determined that the removal of the
cooke.donald@epa.gov. design aspect of the Red Line/Blue Line
Implementation Plan (SIP) revision
SUPPLEMENTARY INFORMATION: Connector from the SIP, as well as the
submitted by the Commonwealth of
Massachusetts. This revision removes Throughout this document whenever administrative revisions included in
from the SIP the design aspect of the ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean Massachusetts’ November 6, 2013 SIP
Red Line/Blue Line Connector EPA. submittal, do not interfere with
transportation control measure as a Organization of this document. The attainment or with reasonable further
requirement in the Massachusetts SIP, following outline is provided to aid in progress or any other applicable Clean
without substitution or replacement, locating information in this preamble. Air Act requirement. Therefore, we are
and in addition implements I. Background and Purpose approving Massachusetts’ revised 310
administrative changes that lengthen the II. Response to Comments CMR 7.36, ‘‘Transit System
existing public process requirement so III. Final Action Improvements.’’
IV. Incorporation by Reference
that a public meeting on the annual II. Response to Comments
V. Statutory and Executive Order Reviews
update and status report be held within
EPA received forty-one comments on
seventy-five days of its July 1st I. Background and Purpose
our December 1, 2014 NPR. Comments
submittal date and replaces references On December 1, 2014 (79 FR 71061), were received from: U.S. Senators
to the Executive Office of EPA published a Notice of Proposed Elizabeth Warren and Edward J. Markey;
Transportation (EOT) with references to Rulemaking (NPR) for the U.S. Representatives Michael Capuano
the Massachusetts Department of Commonwealth of Massachusetts. The and Katherine Clark; Edward W.
Transportation (MassDOT). This action NPR proposed approval of a revised Deveau, Candidate for State
is being taken in accordance with the version of 310 Code of Massachusetts Representative, 1st Suffolk District;
Clean Air Act. Regulations (CMR) 7.36, ‘‘Transit Boston Councilor Salvatore LaMattina;
DATES: This rule is effective on January System Improvements,’’ effective under Massachusetts Port Authority
7, 2016. Massachusetts law on October 25, 2013. (Massport); Conservation Law
ADDRESSES: EPA has established a An earlier version of this rule had Foundation (CLF); A Better City (ABC);
docket for this action under Docket previously been approved by EPA into and Frederick Salvucci (former
Identification No. EPA–R01–OAR– the Massachusetts SIP. See 73 FR 44654. Secretary of Massachusetts Department
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2013–0786. All documents in the docket The revised regulation: (1) Deletes the of Transportation). In addition,
are listed on the http:// SIP requirement to design the Red Line/ comments were received from East
www.regulations.gov Web site. Although Blue Line Connector from the Blue Line Boston, Dorchester, and Medford,
listed in the index, some information is at Government Center to the Red Line at Massachusetts residents. Although six
not publicly available, i.e., CBI or other Charles Station; (2) lengthens by fifteen of the forty-one comments were
information whose disclosure is days (from sixty days to within seventy- received after the public comment
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Document Created: 2015-12-14 13:27:47
Document Modified: 2015-12-14 13:27:47
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This rule is effective on February 8, 2016 without further notice, unless the EPA receives adverse comments by January 7, 2016. If we receive such comments, we will publish a timely withdrawal in the Federal Register to notify the public that this direct final rule will not take effect. | |
| Contact | Arnold Lazarus, EPA Region IX, (415) 972 3024, [email protected] | |
| FR Citation | 80 FR 76222 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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